VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00438
Package ID: USCOURTS-cofc-1_18-vv-00438
Petitioner: Louie Garcia
Filed: 2018-03-23
Decided: 2022-05-19
Vaccine: Hepatitis B
Vaccination date: 2017-06-13
Condition: shoulder injury related to vaccine administration (“SIRVA”)
Outcome: compensated
Award amount USD: 68690

AI-assisted case summary:
Louie Garcia filed a petition for compensation on March 23, 2018, alleging that the Hepatitis B vaccine he received on June 13, 2017, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The Hepatitis B vaccine is listed on the Vaccine Injury Table. Mr. Garcia alleged that he suffered residual effects from this injury for more than six months. Respondent denied that the vaccine caused his alleged injuries or current disabilities. The parties, represented by Leah V. Durant for the petitioner and Parisa Tabassian for the respondent, reached a joint stipulation for compensation. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The award included a lump sum payment of $67,500.00 payable to the petitioner. Additionally, $1,190.92 was awarded to reimburse a Medicaid lien for services rendered by the State of California, payable jointly to the petitioner and the California Health and Human Services Agency. This award covers all damages available under the National Vaccine Injury Compensation Program. The decision was filed on May 19, 2022. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Louie Garcia alleged that the Hepatitis B vaccine administered on June 13, 2017, caused a shoulder injury related to vaccine administration (SIRVA), an condition listed on the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $67,500.00 for general damages and $1,190.92 for reimbursement of a Medicaid lien. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation. The decision date was May 19, 2022. Petitioner was represented by Leah V. Durant and Respondent by Parisa Tabassian.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00438-0
Date issued/filed: 2022-06-21
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 5/19/2022) regarding 108 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jmw) Service on parties made.
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Case 1:18-vv-00438-UNJ Document 112 Filed 06/21/22 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LOUIE GARCIA, *
* No. 18-438V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: May 19, 2022
*
SECRETARY OF HEALTH * Stipulation; Hepatitis B vaccine;
AND HUMAN SERVICES, * shoulder injury related to vaccine
* administration (“SIRVA”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner;
Parisa Tabassian, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 19, 2022, the parties filed a joint stipulation concerning the petition
for compensation filed by Louie Garcia on March 23, 2018. Petitioner alleged that
the Hepatitis B vaccine he received on June 13, 2017, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer a
shoulder injury related to vaccine administration (“SIRVA”). Petitioner further
alleges that he suffered the residual effects of this injury for more than six months.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00438-UNJ Document 112 Filed 06/21/22 Page 2 of 9
Respondent denies that the vaccine either caused petitioner’s alleged injuries
and denies that the vaccine caused any other injury or petitioner’s current
disabilities.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. A lump sum payment of $67,500.00 in the form of a check payable to
petitioner; and
b. A lump sum payment of $1,190.92, representing reimbursement of a
Medicaid lien for services rendered to petitioner by the State of
California, in the form of a check payable jointly to petitioner and
the California Health and Human Services Agency, Department of
Health Care Services / Third Party Liability and Recovery Division:
Department of Health Care Services
Recovery Branch – MS 4720
PO Box 997421
Sacramento, CA 95899
[in memo line] Case # C96382831A-VAC03
Petitioner agrees to endorse this check to the Department of Health Care
Services.
These amounts represent compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:18-vv-00438-UNJ Document 112 Filed 06/21/22 Page 3 of 9
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

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